Execution of judgment is the process and act of a sheriff or constable taking possession and control of property owned by a judgment debtor—the person or entity who lost a lawsuit and owes the judgment creditor money—and delivering the money to the judgment creditor or selling the seized property and delivering the proceeds to the judgment creditor. The sheriff or constable receives its authority to seize and sell the judgment debtor’s property from a writ of execution, which is an order from a judge to execute on the judgment by seizing money or seizing and selling property.
In Vermont, the execution of judgment is governed by state statutes that outline the process by which a sheriff or constable can enforce a court judgment by seizing and potentially selling a debtor's property to satisfy a creditor's judgment. After a creditor obtains a judgment in court, they may request a writ of execution from the court. This writ authorizes the sheriff or constable to seize assets belonging to the debtor. The seized assets may include personal property, real estate, or wages. Vermont law provides exemptions that protect certain property of the debtor from seizure, such as necessary clothing, bedding, tools of the trade, and a certain amount of equity in a primary residence. The process must be carried out in accordance with the law, ensuring proper notice and opportunity for the debtor to claim exemptions. If the property is sold, the proceeds go first to cover the costs of the sale and then to satisfy the creditor's judgment, with any surplus returned to the debtor. It is important for both creditors and debtors to understand their rights and obligations under Vermont law during the execution of judgment.